2015-555-E AMS - Tarheel Generator, LLC - install double throw transfer switches on MP generator

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DocuSign Envelope ID:40A0E7DE-3C1 E-4A74-9237-4A9E1 FB8FAB4 [D�epartmienital Use Only] TITLE Motor Pool Generator IFY 2016 ORANGE COUNTY CONTRAC"FUNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 8th day of October, 2015, ("Effective (late") by arid between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Tarheel Generator LLC (the "Provider"), party of tile second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to, the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services"') to be furnished under.this Agreement are as follows. install double throw transfer switches on generator at 600 Highway 86 North, per provided quotation 2591. The term ofthis agreement rendered shall be frorn October 26, 2015 to November 6, 2015. Provider represents and agrees that Provider is qualified to perforrin and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional an([ timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval Of the COLIuty, SPECIFICT ERMS I Paynig1j: The County agrees to pay at the rates specified for Set-vices satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed F"Ieven thousand six hundred fifty five dollars eighty four cents, ($11,655.84). Payment shall be made within thirty (30) days of an invoice Properly submitted to County. Should Provider fail to perforrn its duties under the terms o1`this Agreement, County may, without fault or penalty, withhold any payment associated with tile work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Ind eDendent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers" compensation purposes. The Provider understands that neither federal, not- state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability 111SUrance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange Counly, Revked 10/14 1